Corrections and Conditional Release Act (S.C. 1992, c. 20)

Marginal note:Temporary absences may be approved — exception

• 17.1 (1) The Parole Board of Canada may authorize the temporary absence of an inmate who is serving a sentence of imprisonment for life imposed as a minimum punishment and is eligible for day parole if the inmate is escorted by a staff member or other person authorized by the institutional head and the Parole Board of Canada is of the opinion that

  • (a) the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;

  • (b) it is desirable for the inmate to be absent from the penitentiary for administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;

  • (c) the inmate’s behaviour while under sentence does not preclude authorizing the absence; and

  • (d) a structured plan for the absence has been prepared.

  The temporary absence may be for a period of not more than 15 days.

• Marginal note:Subsequent temporary absence

  (2) If the Parole Board of Canada authorizes the temporary absence of an inmate under subsection (1) for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes and the temporary absence is not cancelled because the inmate has breached a condition, the institutional head may authorize that inmate’s subsequent temporary absences with escort if the institutional head is of the opinion that the criteria set out in paragraphs (1)(a) to (d) are met.

• Marginal note:Subsequent temporary absence — Parole Board

  (3) If a temporary absence authorized by the institutional head is cancelled because the inmate breached a condition in relation to it, the inmate’s subsequent temporary absence may be authorized only by the Parole Board of Canada.

• Marginal note:Conditions

  (4) The Parole Board of Canada or the institutional head, as the case may be, may impose, in relation to a temporary absence that it authorizes, any condition that it considers reasonable and necessary in order to protect society.

• Marginal note:Cancellation and reasons

  (5) The institutional head may cancel a temporary absence that is authorized under this section either before or after its commencement and shall give the inmate written reasons for doing so.

• Marginal note:Authorization or refusal and reasons

  (6) The Parole Board of Canada or the institutional head, as the case may be, shall give the inmate written reasons for authorizing or refusing a temporary absence.

Work Releases

Definition of work release

• 18 (1) In this section, work release means a structured program of release of specified duration for work or community service outside the penitentiary, under the supervision of a staff member or other person or organization authorized by the institutional head.

• Marginal note:Work releases may be authorized

  (2) Where an inmate is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, and, in the opinion of the institutional head,

  • (a) the inmate will not, by reoffending, present an undue risk to society during a work release,

  • (b) it is desirable for the inmate to participate in a structured program of work or community service in the community,

  • (c) the inmate’s behaviour while under sentence does not preclude authorizing the work release, and

  • (d) a structured plan for the work release has been prepared,

  the institutional head may authorize a work release, for such duration as is fixed by the institutional head, subject to the approval of the Commissioner if the duration is to exceed sixty days.

• Marginal note:Conditions

  (3) The institutional head may impose, in relation to a work release, any conditions that the institutional head considers reasonable and necessary in order to protect society.

• Marginal note:Suspension or cancellation

  (4) The institutional head may suspend or cancel a work release either before or after its commencement.

• Marginal note:Reasons to be given

  (5) The institutional head shall give the inmate written reasons for the authorizing, refusal, suspension or cancellation of a work release.

• Marginal note:Warrant

  (6) Where a work release is suspended or cancelled after its commencement, the institutional head may cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the inmate.

Investigations

Marginal note:General

• 19 (1) Where an inmate dies or suffers serious bodily injury, the Service shall, whether or not there is an investigation under section 20, forthwith investigate the matter and report thereon to the Commissioner or to a person designated by the Commissioner.

• Marginal note:Exceptions

  (1.1) Subsection (1) does not apply to

  • (a) a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 of the Criminal Code, in accordance with section 241.2 of that Act; or

  • (b) if a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that an inmate’s death is from a natural cause.

• Marginal note:Copy to Correctional Investigator

  (2) The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).

Marginal note:Quality of care review

• 19.1 (1) If a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that the death of an inmate is from a natural cause, the Service shall, whether or not there is an investigation under section 20, without delay, cause a review to be conducted by a registered health care professional employed or engaged by the Service for the purpose of determining the quality of care provided to the inmate in the penitentiary. The registered health care professional shall report on the review to the Commissioner or to a person designated by the Commissioner.

• Marginal note:Copy to Correctional Investigator

  (2) The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).

Marginal note:Special investigations

20 The Commissioner may appoint a person or persons to investigate and report on any matter relating to the operations of the Service.

Marginal note:Application of Inquiries Act

21 Sections 7 to 13 of the Inquiries Act apply in respect of investigations carried on under section 20

• (a) as if the references to “commissioners” in those sections were references to the person or persons appointed under section 20; and

• (b) with such other modifications as the circumstances require.

Compensation for Death or Disability

Marginal note:Minister may pay compensation

22 The Minister or a person authorized by the Minister may, subject to and in accordance with the regulations, pay compensation in respect of the death or disability of

• (a) an inmate, or

• (b) a person on day parole

that is attributable to the participation of that inmate or person in an approved program.

Information

Marginal note:Service to obtain certain information about offender

• 23 (1) When a person is sentenced, committed or transferred to penitentiary, the Service shall take all reasonable steps to obtain, as soon as is practicable,

  • (a) relevant information about the offence;

  • (b) relevant information about the person’s personal history, including the person’s social, economic, criminal and young-offender history;

  • (c) any reasons and recommendations relating to the sentencing or committal that are given or made by

    • (i) the court that convicts, sentences or commits the person, and

    • (ii) any court that hears an appeal from the conviction, sentence or committal;

  • (d) any reports relevant to the conviction, sentence or committal that are submitted to a court mentioned in subparagraph (c)(i) or (ii); and

  • (e) any other information relevant to administering the sentence or committal, including existing information from the victim, the victim impact statement and the transcript of any comments made by the sentencing judge regarding parole eligibility.

• Marginal note:Access by offender

  (2) Where access to the information obtained by the Service pursuant to subsection (1) is requested by the offender in writing, the offender shall be provided with access in the prescribed manner to such information as would be disclosed under the Privacy Act and the Access to Information Act.

• Marginal note:Disclosure to Service

  (3) No provision in the Privacy Act or the Access to Information Act shall operate so as to limit or prevent the Service from obtaining any information referred to in paragraphs (1)(a) to (e).